Smith v. Day’s Empirical Analysis

Citation profile

3 federal appellate ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The plaintiff and his fellow passengers went upon the premises where the blasting was being done with their eyes open. Their right there, whether it was a right by sufferance or license, implied or otherwise, was subordinate to the right of the defendants to prosecute the work in which they were engaged. These passengers assumed all risks necessarily incident to such w-ork prosecuted with skill and reasonable care, — such care as is usually employed under like circumstances. They had a right to expect, and are presumed to have relied upon, this degree of care.””

   2 later decisions quote this exact passage · from the majority
   e.g. Smith v. Day · Smith v. Day

2. ““That he came from The Dalles to the locks on the -Regulator; that Mr. Mosher ancl Mr. Young and Mr. Kelly and other persons were with him; that when he got to Cascade Docks he got on the portage railway, and rode on the train down to the lower wharf, and then got on from there onto the Dalles City; that he went right along with the other passengers. Q. Well, when you got down to the Dalles City, go on and tell the jury just what happened. A. There was about 25 or 30 passengers going up the stream, and I was going down; and the time of the hubbub of the people getting off the boat — ■ There was blasting at that time, so I understood. I heard some noise, and went in and sat down, and the people went up the river, and, after the passengers going up stream had got off the'boat, we sat. down and played a game of cards, — played a game of Pedro for about 15 minutes; and then I went and sat down on the seat, and went to talking to. the steward for a few minutes, and then I sat down in this kind of a seat, and the boat was rocking. It rocked me into a kind of dozing sleep, and the rock struck me on the head. I never knew what struck me.””

   1 later decision quote this exact passage · from the majority
   e.g. Smith v. Day